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annul the European Commission’s decision (EU) of 15 April 2020 on State aid SA.56795 (1); and

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order the European Commission to pay the costs.

1.

First plea in law, alleging that the European Commission violated the legal requirement that aid authorised under Article 107(2)(b) TFEU shall make good the damage caused by exceptional occurrences and not only the damage suffered by one victim of such occurrences.

2.

Second plea in law, alleging that the European Commission committed a manifest error of assessment in its review of the proportionality of the aid to the damage caused by the COVID-19 crisis.

3.

Third plea in law, alleging that the European Commission violated specific provisions of the TFEU and the general principles of European law regarding the prohibition of discrimination, free provision of services and free establishment that have underpinned the liberalisation of air transport in the EU since the late 1980s. The liberalisation of the air transport market in the EU has allowed the growth of truly pan-European low-fares airlines. The European Commission ignored the damage caused by the COVID-19 crisis to such pan-European airlines and their role in the air connectivity of Denmark by authorising Denmark to reserve aid only to SAS. Article 107(2)(b) TFEU provides for an exception to the prohibition of State aid under Article 107(1) TFEU, but it does not provide for an exception to the other rules and principles of the TFEU.

4.

Fourth plea in law, alleging that the European Commission failed to initiate a formal investigation procedure despite serious difficulties and violated the applicant’s procedural rights.

5.

Fifth plea in law, alleging that the decision violated the Commission’s duty to state reasons.